Chemicals | Q4 2020

Eurofins newsflash Chemical

Regulatory news

Europe

SCIP database ready for use

On 28^th October 2020, the Substances of Concern In Articles or in Complex Objects (Products) (SCIP) database was launched by the European chemicals Agency (ECHA). Companies supplying articles containing substances of very high concern (SVHCs) must submit information on these articles to ECHA, as from 5 January 2021. Consumers and waste operators will be able to access and use the data from February 2021.

For more information, consulting ECHA website here.

Recent publications by European Commission

The below table summarises recent publications by the Official Journal of the European Union:

Date	Reference	Title
12/10/2020	C/2020/6866	Commission Implementing Regulation (EU) 2020/1435 of 9 October 2020 on the duties placed on registrants to update their registrations under Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
28/10/2020	2020/C 363/37	Amendments adopted by the European Parliament on 15 November 2018 on the proposal for a regulation of the European Parliament and of the Council on persistent organic pollutants
13/11/2020	C/2020/5759	Commission Delegated Regulation (EU) 2020/1676 of 31 August 2020 amending Article 25 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards bespoke paints
13/11/2020	C/2020/5758	Commission Delegated Regulation (EU) 2020/1677 of 31 August 2020 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures in order to improve the workability of information requirements related to emergency health response
15/12/2020	C/2020/8758	Commission Regulation (EU) 2020/2081 of 14 December 2020 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards substances in tattoo inks or permanent make-up.
16/12/2020	C/2020/8817	Commission Regulation (EU) 2020/2096 of 15 December 2020 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards carcinogenic, mutagenic or reproductive toxicant (CMR) substances, devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council, persistent organic pollutants, certain liquid substances or mixtures, nonylphenol and testing methods for azocolourants
21/12/2020	C/2020/9388	Commission Regulation (EU) 2020/2160 of 18 December 2020 amending Annex XIV to Regulation (EU) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues)

Recent Updates Regarding REACH

The below table showcases a summary of the most recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

Summary of the Most Recent Updates
Date	Subject	Link
30/11/2020	Brexit: End of transition period is close. (Questions and answers for companies).	ECHA publication can be viewed here.
22/09/2020	ECHA’s committees support France and Sweden’s proposal to restrict sensitising chemicals used in clothing and other articles.	ECHA publication can be viewed here.
24/09/2020	ECHA has published the report on enforcement of REACH restrictions and CLP labelling, which shows that one in four imported products are not compliant with REACH and CLP. Report on the pilot project on cooperation with customs in enforcement of REACH restrictions and CLP labelling	ECHA publication can be viewed here.
14/10/2020	ECHA works to provide technical and regulatory support for third country alignment.	ECHA publication can be viewed here.
02/11/2020	Since this date, companies working with nanomaterials must provide a name for the nanoforms or sets of nanoforms of their substance when registering according the REACH Regulation.	ECHA publication can be viewed here and further information in ECHA Q&As.
04/11/2020	Updates to ECHA chemicals database.	ECHA Chemical database can be consulted here.
04/11/2020	The use of alternatives to testing on animals for REACH.	ECHA publication can be viewed here.
05/11/2020	In 2022, the pilot project of Enforcement Forum will check if the companies are providing information about their mixtures to the Poison Centre Notification portal.	ECHA publication can be viewed here.
05/11/2020	Brexit: Updated IT tools and Brexit advice for companies.	ECHA publication can be viewed here.
30/11/2020	Brexit: End of transition period is close. (Questions and answers for companies).	ECHA publication can be viewed here.
16/12/2020	The TDFAs restriction applies from 2 January 2021 with aim to reduce the risl of lung injuries for citizens using spray products (aerosol dispensers, pump sprays and trigger sprays).	Conditions of restriction here.

Other interesting links about REACH

Recent Updates Regarding CLP

The below table includes a summary of the most recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:

Summary of the Most Recent Update
Date	Subject	Link
23/09/2020	Updated guidance now available in 23 EU languages	For more information in Poison centres website here.
04/11/2020	Seven countries accept poison centre notifications through ECHA's portal. The last country has been Norway.	For more information in Poison centres website here.

Planning for the end of the Brexit transition period

UK authorities have published the following articles in relation to chemicals into Great Britain following the end of Brexit transition period (non-exhaustive list):

For further information, consult the GOV.UK website here.

Technical publications

Please find below a table summarising the most recent technical publications on chemical substances (non-exhaustive):

Date	Countries	Entity	Title
03/08/2020	France	ANSES	ANSES proposes classifying three lithium salts considered toxic to fertility and prenatal development
23/09/2020	UK	Royal Society of Chemistry (RSC)	Risk-based Regulation for Endocrine Disrupting Chemicals (EDCs)
14/10/2020	Europe	European Commission	Publication for European Chemical strategy: Green Deal: Commission adopts new Chemicals Strategy towards a toxic-free environment
14/10/2020	Europe	European Commission	Commission Staff Document: Executive Summary of the Fitness Check on Endocrine Disruptors Fitness Check on Endocrine Disruptors
27/10/2020	Europe	European Commission	Interface between chemicals, products and waste legislation
27/10/2020	Europe	European Commission	Towards a comprehensive EU framework on endocrine disruptors
09/11/2020	Norway	Norwegian Environment Agency	Control of online stores products 2020: Chemical analysis of regulated substances in sports and leisure products, and labeling control
11/11/2020	Europe	European Chemicals Agency (ECHA)	Preventing cancer
15/11/2020	Europe	European Chemicals Agency (ECHA)	Understanding public perception of nanomaterials and their safety in the EU
09/12/2020	Europe	European Chemicals Agency (ECHA)	EU-wide restriction best way to reduce microplastic pollution
10/12/2020	Europe	European Chemicals Agency (ECHA)	6.5 % of inspected substances miss the required registration
14/12/2020	Europe	European Chemicals Agency (ECHA)	Committees raise concern over persistent and toxic chemical in clay targets
14/12/2020	Europe	European Commission	EU takes action for safer tattooing inks and permanent make-up
14/12/2020	Germany	German Federal Institute for Risk Assessment (BfR)	Hazardous mixtures: European online submission portal for product notifications
15/12/2020	Europe	European Chemicals Agency (ECHA)	EU exports and imports less PIC chemicals in 2019
16/12/2020	Europe	European Chemicals Agency (ECHA)	One-third of products claimed to be treated with biocides have incorrect labelling
22/12/2020	Europe	Agence National De Sécurité Sanitaire de l’alimentation, de l’environnement et du travail (ANSES)	ANSES proposes an EU-wide restriction of hazardous chemicals in disposable diapers

Switzerland

Updated Swiss Persistent Organic Pollutants legislation

In October, Switzerland published RO 2020/3916, which transposes the following Stockholm Convention Decision:

Decisions SC-9/4, SC-9/11 and SC-9/12 of the Conference of the Parties on the listing of perfluorooctane sulfonic acid, its salts and fluoride of perfluooctane sulfonyl, dicofol and acid perfluorooctanoic acid (PFOA), its salts and related compounds.

It will come into effect on December 3, 2020.

Vermont Adopts Amendments of Chemicals of High Concern in Children’s Products Rule

Vermont’s chemical of high concern (CHCC) reporting rule requires manufacturers of children’s products to provide notice to the Department of Health annually in case their product contains CHCC above the threshold.

Last October 30, the state published a proposed rule, which expands the definition of formaldehyde to formaldehyde and substances that are intentionally added to release formaldehyde, including following:

5-Bromo-5-nitro-1,3-dioxane;
Bronopol;
Diazolidinyl urea;
DMDM hydantoin;
Imidazolidinyl urea;
Methanol, (phenylmethoxy);
Methenamine;
Quaternium-15;
Sodium N-(hydroxymethyl)glycinate.

This proposal has come into effect on September 1, 2020.

Additionally, the reporting deadline has been changed. Now manufacturers of children’s products shall submit the annual report on or before 31st January 2022, and annually thereafter to the Department. Moreover, manufacturers of children’s products that are introduced for sale or distribution in Vermont between 31^st January and 31^st July of that year shall submit an interim report on or before 31st July of every year.

More information please click here.

U.S. EPA Publishes Final SNUR for LCPFAC and Perfluoroalkyl Sulfonate Chemicals

Recently, the U.S. EPA published a final rule in the Federal Register to finalise amendments to the significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances. Additionally, this amendment removes the exemption for persons who import a subset of LCPFAC chemicals as part of a surface coating on articles.

The final rule 40 CFR 721 will come into effect on September 25, 2020, containing following major amendments：

Amends §721.9582 by requiring imported carpets containing the listed perfluoroalkyl sulfonates to submit a significant new use notice (SNUN)
Revokes SNUN exemptions for a person who imports the following:
- Carpets containing an LCPFAC chemical listed in §721.10536(b)(1)
- Articles with a surface coating containing an LCPFAC chemical in Table 1 to §721.10536(b)(2) or PFOA and its salts, including those in Table 2 to §721.10536(b)(3)

This final rule requires persons to notify EPA at least 90 days before commencing the manufacture (including import) or processing of these chemical substances for the significant new uses described in this notice. The required significant new use notification initiates EPA’s evaluation of the conditions of use associated with SNU. Manufacturing (including import) or processing for the SNU are prohibited from commencing until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

Please click here for the details.

Technical publications

Please find below a table summarising the most recent technical publications on chemical substances (non-exhaustive):

Date	Countries	Entity	Title
29/09/2020	US	OEHHA	New Proposition 65 Fact Sheet: Flame Retardants Tolueno
06/10/2020	US	United States Environmental Protection Agency (EPA)	Requested Risk Evaluation for Octamethylcyclotetra- siloxane (D4)
28/10/2020	Canada	Government of Canada	Updated toxic substances list
07/10/2020	Canada	Government of Canada	Science assessment of plastic pollution

International

Regulatory proposals notified to WTO

Please see the below table summarising the most recent notifications made to the World Trade Organization (non-exhaustive):

Notification number / Link	Country	Title
G/TBT/N/CAN/631	Canada	Regulations Amending the Hazardous Products Regulations (GHS, Seventh Revised Edition), (63 pages, available in English and French) and Order Amending Schedule 2 to the Hazardous Products Act